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《行政诉讼法》的颁行是我国法治建设和宪政发展史上一座重要的里程碑,十多年来,该法的实施对于推进“权利保障”、“有限政府”等法治理念的普及以及宪政和法治的发展功不可没。但是,1989年制定的《行政诉讼法》在实践过程中也遇到了很多问题,迫切需要修改。本文以改革现行行政诉讼管辖制度为切入点,论证我国建立和完善全面的司法审查制度的法理基础和现实条件,提出了通过设立宪法行政法院系统来完善我国行政诉讼管辖制度的构想。
The promulgation of the “Administrative Procedure Law” is an important milestone in the history of the development of the rule of law and constitutional development in our country. For more than a decade, the implementation of the Law has played an important role in promoting the popularization of the concept of the rule of law such as “rights protection” and “limited government” The development of credit. However, the Administrative Procedure Law enacted in 1989 encountered many problems in the course of practice, and it is in urgent need of revision. This article takes the reform of the current jurisdiction system of administrative litigation as the breakthrough point, demonstrates the legal basis and realistic conditions for establishing and perfecting the comprehensive judicial review system in our country, and puts forward the conception of perfecting the administrative jurisdiction system of our country by setting up a constitutional administrative court system.